In Germany, Muslim female teachers are now allowed to wear the hijab in school. This measure follows a case brought to justice by a Muslim teacher “victim of discrimination because of her religion””.
During her job interview, a Muslim computer scientist who had applied for a teaching position at a school in Berlin learned that she was not allowed to wear the hijab during class. This was because of the city’s neutrality law of 2005. She opposed the ban and lost the post.
This ban is not to the liking of Dirk Behrendt, senator of the justice of Berlin. He gives voice on Twitter. “In a multi-religious society, it has to be about what’s in your head, not your head,” he insists.
Subsequently, the young woman filed a complaint against the city. This is how in 2018 the court of first instance ruled in favor of him. In addition, Berlin was ordered to pay the Muslim teacher € 5,159 in compensation. For the judge, the only condition that would lead to the ban on wearing the hijab would be a concrete threat to peace at school.
Dissatisfied with the judgment, the city appealed. She will not be successful. On Thursday, the federal court upheld the decision of the ICTY. In its argument, the Federal Court cites a 2015 decision of the Federal Constitutional Court. According to this decision, freedom of religion could not be restricted unless “sufficient concrete danger” was perceived in the disturbance of school peace.